Integrity Legal

Those who keep up with Immigration news have no doubt noticed the increasing tensions that have been caused by problems along the Southwestern Border of the United States. In a recent announcement distributed by the American Immigration Lawyers Association it was noted that a new Senate Bill was passed which could provide new funding for increased border security initiatives. To quote the announcement directly:

On 8/5/10, with hours left before the beginning on the August recess, the Senate passed a $600 million emergency spending bill aimed at increasing border security. The bill, titled the Emergency Border Security Supplemental Appropriations Act of 2010, was passed by a voice vote.

Senator Schumer (D-NY), along with several Democratic colleagues, introduced the Border Security Emergency Supplemental Appropriations Act of 2010 (S.3721) and used it as a substitute amendment to H.R. 5875, a bill passed by the House of Representatives on 7/28/10. Further action is required before H.R. 5875, as passed by the Senate, can be sent to President Obama’s desk for signature.

It is unclear at this point if the House of Representatives, which is set to return for a short two day session on 8/09/10, will take up the Senate measure or whether they will wait until September…

In response to the passage of this Bill, the Secretary of the Department of Homeland Security, Janet Napolitano, made the following statement:

“I commend the Senate for passing the Southwest Border bill to add important, permanent resources to continue bolstering security on our Southwest border. These assets are critical to bringing additional capabilities to crack down on transnational criminal organizations and reduce the illicit trafficking of people, drugs, currency and weapons. Over the past eighteen months, this Administration has dedicated unprecedented personnel, technology, and resources to the border and we will continue to take decisive action to disrupt criminal organizations and the networks they exploit. I encourage the House to act quickly on this bill to strengthen our historic border security efforts.”

The final resolution remains to be seen, but there are many who feel strongly about this issue and it is likely that the subject of undocumented immigration will remain controversial heading into the upcoming Congressional elections. That said, Comprehensive Immigration Reform may still be on the horizon notwithstanding bills passed in an effort to deal with the current issues along the US-Mexican border.

For related information please see: Comprehensive Immigration Reform. For information about bringing a loved one to the United States with proper documentation please see: K1 visa or US Marriage Visa.

Tags: American Immigration law, American Immigration Policy, Border Security Emergency Supplemental Appropriations Act of 2010, Comprehensive Immigration Reform, Department of Homeland Security, DHS, Emergency Border Security Supplemental Appropriations Act of 2010, H.R. 5875, K1 Visa, S.3721, Secretary Napolitano, US Immigration Law, US Immigration Policy, US Marriage Visa, US Senate, US Southwestern Border
Posted in Comprehensive Immigration Reform, Department of Homeland Security, K1 Visa, News, Upcoming Legislation | No Comments »

In recent weeks we have discussed the possibility that Comprehensive Immigration Reform may be in the offing. However, legislation of this magnitude is unlikely to be passed quickly. With that in mind, many different organizations have chimed in with their opinion about Comprehensive Immigration Reform.

Recently, Secretary Napolitano of the Department of Homeland Security conducted a USCIS stakeholders meeting and discussed Comprehensive Immigration Reform. The following is contained in a readout from a press release promulgated by USCIS and distributed by AILA:

“Secretary Napolitano stressed that the broken immigration system is a problem that has been ignored too long, and said today’s meeting was another important step forward in this administration’s efforts to work with our colleagues in Congress and representatives from law enforcement, business, labor, the faith community, advocacy groups and others to fix our current laws. She welcomed the input of the participants and emphasized the importance of continued collaboration between the Department and immigration stakeholders.”

The press release went on to note that support for Comprehensive Immigration reform comes from both parties as most lawmakers feel that change is needed. The Secretary noted her admiration for the spirit of cooperation exhibited by legislators:

“In today’s meeting, Secretary Napolitano commended the bipartisan proposal set forth by Senators Chuck Schumer and Lindsey Graham, which reflects the administration’s commitment to effective enforcement; addresses the need for improved legal flows for families and workers; and offers a firm but fair path to citizenship for those who are already in the United States.”

President Obama has made statements in support of Immigration reform and the Secretary voiced her willingness to work with the President and lawmakers as solutions to the immigration problems are sought:

“Secretary Napolitano looks forward to continued work with President Obama, Senators Schumer and Graham and other Congressional partners, as well as stakeholders across the country as she continues to do everything she can to build a successful new immigration system.”

This author is intrigued to see that the there seems to be increasing support for some form of immigration reform. Although the outcome of any legislative initiative remains to be seen, there are some interest groups, particularly those supporting LGBT immigration rights, who hope to see dramatic changes to the United States Immigration system.

Hammering out a bill to address the major flaws in the current system will not be easy and there are some who believe that no immigration reform will be passed until after the mid-term congressional elections.

Tags: Comprehensive Immigration Reform, Department of Homeland Security, DHS, lgbt immigration, lgbt visa, Secretary Napolitano, US Immigration, US Visa, USCIS
Posted in lgbt immigration, same sex visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Virtually all American news media outlets are reporting on the devastation and destruction brought on by the Earthquake in Haiti. We at Integrity Legal would like to take this opportunity to extend our heartfelt sympathies to all of those who have been adversely impacted by this tragedy. For those of Haitian descent or nationality currently living in the United States, the Earthquake has also had an impact upon Department of Homeland Security (DHS) policy. In a recent press release, the Deputy United States Press Secretary Matt Chandler made the following statement:

“Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement Assistant Secretary John Morton today halted all removals to Haiti for the time being in response to the devastation caused by yesterday’s earthquake. ICE continues to closely monitor the situation.”

We at Integrity Legal would like to let the United States Department of Homeland Security as well as Secretary Napolitano know that we appreciate their compassion in this matter as the situation places that agency in a difficult position.

When an alien in the United States is removed, they are generally sent back to their country of origin. In the case of Haitians they are sent back to Haiti, but sending a deportee back to Haiti under the current circumstance would, at the very least, be considered by most to be a rather callous initiative. By suspending removals, DHS has shown that they can respond to a difficult situation in a decisive and compassionate manner.

Removal from the United States can occur as a result of deportation proceedings in United States Immigration Court or expedited removal can occur at a United States port of entry after the finding by a Customs and Border Protection Officer that the prospective entrant should be removed from the United States.

Depending upon the method of removal, the alien will be inadmissible to the United States for a statutorily prescribed period of time. However, there may be a remedy to the issue of inadmissibility either through use of an I-601 waiver or an I-212 application for advance permission to reenter the United States.  Those who have previously been removed from the US may face even stiffer penalties for trying to reenter after removal if they do not seek a waiver or advance permission to reenter.

For those who have been previously removed from the United States and wish to seek reentry, it would probably be wise to contact a licensed US Immigration lawyer in order to obtain advice about how best to proceed in attempting to obtain US Immigration benefits.

Tags: Department of Homeland Security, DHS, Haiti Earthquake, I-212, I-212 application, I-601, I-601 Waiver, I212, I601, I601 Waiver, Secretary Napolitano, US Immigration, US Immigration Lawyer, US Immigration Lawyer Thailand
Posted in Upcoming Legislation, US Visa and Immigration, Visa Waiver | 1 Comment »